[HISTORY: Adopted by the Town Meeting of the Town of Middleborough
10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018. Amendments
noted where applicable.]
As used in this bylaw, the following terms shall have the meanings
indicated:
The Board of Selectmen of the Town of Middleborough.
All forms of soil, including, but not limited to, loam, sand,
gravel, clay, peat, hardpan or rock.
A single parcel of land lying in a single body and separated
from contiguous land by property lines, street lines, or Town lines.
The owner of the land from which earth is sought to be removed.
A line separating land in one ownership from land in a different
ownership, or from other land in the same ownership. A municipal boundary
shall be a property line.
Stripping, excavating or blasting earth from one lot and
carrying it away from said lot.
This bylaw shall apply to all earth removal activities in the
Town of Middleborough, except as otherwise limited herein.
A.Â
No earth shall be removed from any lot in the Town of Middleborough
unless a permit shall have first been obtained by the owner from the
Board pursuant to this bylaw, except as otherwise provided herein.
All permits granted by the Board shall be subject to conditions which
will guarantee, to the satisfaction of the Board, proper and reasonable
surface drainage during and after operations and reasonable reuse
of available topsoil. The Board shall adopt regulations including,
but not limited to, exhibits, fees and bond requirements. The Board
may impose permit conditions or restrictions on any permit in the
best interest of the Town. The conditions or restrictions related
to a permit, including the expiration date, shall be clearly set forth
on the permit.
B.Â
No such permit shall be issued until an application therefor has
been filed with the Board and the Board has held a public hearing
on the application. Notice of the filing of an application and the
date and time of the public hearing thereon shall be advertised, at
the expense of the applicant, in a newspaper in general circulation
in the Town, at least seven days before such hearing, and by written
notice to the Planning Board, the Conservation Commission, and the
abutters. Following the hearing, the Board may grant, grant in part,
or deny the application.
C.Â
After an earth removal permit application has been submitted, no
tree removal, utility installation, ditching, grading or construction
of roads, no grading of land, no excavation except for purposes of
soil testing, no dredging or filling, and no construction of buildings
or structures shall be initiated on any part of that area in which
the proposed earth removal will take place until the application has
been received and approved and an order of conditions has been issued
as provided for by this bylaw, and all activity, as described above,
shall continue to be prohibited throughout the duration of the earth
removal permit except for what is permitted and referenced on the
approved plan. This subsection shall not apply to land in active agricultural
use, including normal maintenance of cranberry bogs.
The following are exempted from the provisions of this bylaw:
A.Â
Any earth removal operations involving 25 cubic yards or less per
lot per year.
B.Â
Any earth removal operations involving 800 cubic yards or less per
acre on lots of four acres or less occurring in conjunction with work
subject to a valid building permit.
C.Â
Any earth removal operations in compliance with the requirements
of a subdivision plan approved by the Town's Planning Board.
A.Â
A permit may be issued for a period of up to three years. At the
Board's discretion, a permit may be extended for up to one year beyond
the initial permit period. If an earth removal project is not completed
following the initial period plus any extension period, the applicant
must reapply to the Board for a new permit to complete the project.
The applicant must meet all bylaw and regulation requirements in effect
at the time of reapplication for a new permit. Current valid permits
which are in effect prior to August 1, 1992, may continue in operation
for up to three years from the adoption of this bylaw, subject to
all conditions and restrictions of the permit and Article 7 of the
May 28, 1970, Town Meeting bylaw requirements without applying for
annual renewal. Such existing earth removal projects shall be subject
to the provisions of this bylaw after three years from the adoption
of this bylaw.
B.Â
A copy of the earth removal order of conditions must be filed with
the Registry of Deeds, at the applicant's expense, as a notice to
all that the conditions restrict work on the lot under the permit.
C.Â
A certificate of completion must be issued by the Board of Selectmen
at the completion of the project attesting that the project was completed
in accordance with the approved plans. Issuance of the certificate
of completion operates to terminate the permit. The certificate of
completion must also be filed with the Registry of Deeds at the applicant's
expense.
A.Â
The Board of Selectmen shall be responsible for the administration
and enforcement of this bylaw. A violation of a condition or restriction
of the permit shall be a violation of the bylaw. The Town Manager
shall be the agent of the Board for enforcement purposes and may issue
a written cease-and-desist order requiring the immediate cessation
of all work on the permitted property if the Town Manager believes
a violation of any condition or restriction of the permit has occurred.
In the absence of the Town Manager, the Board of Selectmen may designate
another agent. The written order shall specify the alleged violation.
A copy of the order will be given to the Board members as soon as
possible after it is issued.
B.Â
The Board of Selectmen shall, within three weeks of the issuance
of the cease-and-desist order, hold a public hearing to review the
facts and to determine whether a violation has occurred. If a violation
is found, the Board, in its discretion, may revoke, revise or modify
the conditions or restrictions of the permit.
C.Â
The penalty for violation of this bylaw shall be a fine of up to
$50 for the first offense, $100 for the second offense and $200 for
each offense after the second offense. Each day of operation in violation
of the bylaw shall be treated as a separate offense.
An earth removal permit issued under this bylaw shall not authorize
a use which is not permitted under applicable provisions of the Town
of Middleborough Zoning Bylaw.[1] No earth removal permit shall authorize screening or other
processing of earth materials in a Residential Zone. This shall not
be construed to prohibit screening of earth on a lot which is the
subject of an earth removal permit, in a Residential Zone, for use
on the same lot to provide gravel for roadways, loam for final grading
and/or sand for bogs.
The provisions of this bylaw are severable; and if any provision
or application of such provisions to any person or circumstances is
held invalid or unconstitutional, this shall not affect the remaining
provisions.
